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GOVERNMENT OF UNION TERRITORIES AND THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI (AMENDMENT) ACT, 2001
No. 38 OF 2001
An Act further to amend the Government of Union Territories Act, 1963 and the Government of National Capital Territory of Delhi Act, 1991.
BE it enacted by Parliament in the Fifty-second Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. (i) This Act may be called the Government of Union Territories and the Government of National Capital Territory of Delhi (Amendment) Act, 2001.
Short title and commencement
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
CHAPTER II
AMENDMENTS TO THE GOVERNMENT OF UNION TERRITORIES ACT, 1963
Amendment of section 23.
2. In section 23 of the Government of Union Territories Act, 1963 (hereinafter referred to as the principal Act), in sub-section (i), for clause (e), the following clause shall be substituted, namely:
"(e) the receipt of money on account of the Consolidated Fund of the Union territory or the public account of the Union territory or the custody or issue of such money or the audit of the accounts of the Union territory:".
Amendment of section 47.
3. In section 47 of the principal Act, for the words "all loans advanced to the Union territory from the Consolidated Fund of India", the words "all loans advanced to the Union territory from the Consolidated Fund of India and all loans raised by the Government of India or the Administrator of the Union territory upon the security of the Consolidated Fund of the Union territory" shall be substituted.
Insertion of new section 47A.
4. After section 47 of the principal Act, the following section shall be inserted, namely:—
Public Account of the Union territory and moneys credited to it.
'47A. (7) As from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, all other public moneys received by or on behalf of the Administrator shall be credited to a Public Account entitled "the Public Account of the Union territory".
(2) The custody of public moneys, other than those credited to the Consolidated Fund of the Union territory or the Contingency Fund of the Union territory, received by or on behalf of the Administrator, their payment into the Public Account of the Union territory and the withdrawal of moneys from such account and all other matters connected with or ancillary to the aforesaid matters shall be regulated by rules made by the Administrator with the approval of the President.'.
Insertion of new sections 48A and 48B.
5. After section 48 of the principal Act, the following sections shall be inserted, namely:—
Borrowing upon the security of the Consolidated Fund of the Union territory.
"48A. (1) The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of the Union territory within such limits, if any, as may, from time to time, be fixed by Parliament by law and to the giving of guarantees within such limits, if any, as may be so fixed:
Provided that the powers exercisable by the Government of India under this sub-section shall also be exercisable by the Administrator subject to such conditions, if any, as the Government of India may think fit to impose.
(2) Any sums required for the purpose of invoking a guarantee shajl be charged on the Consolidated Fund of the Union territory.
Form of accounts of the Union territory.
48B. The accounts of the Union territory shall be kept in such form as the Administrator may, after obtaining advice of the Comptroller and Auditor-General of India and with the approval of the President, prescribe by rules,".
CHAPTER III
AMENDMENTS TO THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI ACT, 1991
Amendment of section 22.
6. In section 22 of the Government of National Capital Territory of Delhi Act, 1991 (hereinafter referred to as the principal Act), in sub-section (1), for clause (e), the following clause shall be substituted, namely:-—
"(e) the receipt of money on account of the Consolidated Fund of the Capital or the Public Account of the Capital or the custody or issue of such money or the audit of the accounts of the Capital:".
Amendment of section 46.
7. In section 46 of the principal Act, for the words "all loans advanced to the Capital from the Consolidated Fund of India", the words "all loans advanced to the Capital from the Consolidated Fund of India and all loans raised by the Government of India or by the Lieutenant Governor upon the security of the Consolidated Fund of the Capital" shall be substituted.
Insertion of new section 46A.
8. After section 46 of the principal Act, the following section shall be inserted, namely:—
'46A. (1) As from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, all other public moneys received by or on behalf of the Lieutenant Governor shall be credited to a public account entitled "the Public Account of the Capital".
Public Account of the Capital and moneys credited to it.
(2) The custody of public moneys, other than those credited to the Consolidated Fund of the Capital or the Contingency Fund of the National Capital Territory of Delhi, received by or on behalf of the Lieutenant Governor, their payment into the Public Account of the Capital and the withdrawal of moneys from such account and all other matters connected with or ancillary to matters aforesaid shall be regulated by rules made by the Lieutenant Governor with the approval of the President.'.
9. After section 47 of the principal Act, the following sections shall be inserted, namely:—
Insertion of new sections 47A and 47B.
"47A. (1) The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of the Capital, within such limits, if any, as may from time to time be fixed by Parliament by law and to the giving of guarantee within such limits, if any, as may be so fixed:
Borrowing upon the jecurity of the Consolidated Fund of the Capital.
Provided that the powers exercisable by the Government of India under this sub-section shall also be exercisable by the Lieutenant Governor subject to such conditions, if any, as the Government of India may think fit to impose.
(2) Any sums required for the purpose of invoking a guarantee shall be charged on the Consolidated Fund of the Capital.
Form of accounts of the Capital.
47B. The accounts of the Capital shall be kept in such form as the Lieutenant Governor may, after obtaining advice of the Comptroller and Auditor-General of India and with the approval of the President, prescribe by rules."
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